Spanish seasonal lease contract

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10 May 2011 12:00 AM by laflauta Star rating. 99 posts Send private message

Hello, Does anybody know where I can download a Spanish seasonal lease contract ( contrato de arrendamiento de temporada )

Thanks





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10 May 2011 11:57 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 Dear LaFlauta:

I would not rely on drafts contracts and will have a lawyer that can offer to you a good reasonable fee for both rental contract and Insurance policy on possible future problems.

There are rules of automatic contract extensions which are applicable when you rent a house as permanent dwelling. These automatic extensions of the Urban Renting Act (URA) are not applicable to temporary lettings. This kind oftemporary lettings are not under the URA but subject to the will of the parties which has been freely stated in the contract and, subsidiarily to the Civil Code and its imperative rules and there is no automatic extensions here.

Permanent:  Automatic extensions for 5 years-3 years.

Temporary: NO automatic extensions.

The exclusion of this kind of contracts from the URA is because this contract does not protect the tenant rights to a permanent  residence, but is referred to the house rented by someone who already has a permanent residence house (  a reality which requires more legal protection)  and just makes this contract for  leisure or vacation necessities.    

Reiterated Court Decisions state that we are before this kind of lettings if the house is rented for vacations, weekends, feast days… and with no pretension of covering the need of a permanent residence of the tenant. Therefore, the temporary character of the use is the key to differentiate one from another. 

This is applicable even if the rental period is longer than the common vacation period, even if it is hired for one or more years.  The most important note is that the occupation of the house is temporary

It is highly advisable to expressly specify in the contract that the renting is “temporary” or “for not permanent residency use” in order to avoid the application of the extensions regime of the URA. 

Good luck and please have fun in Spain.
 
Best regards,
 
Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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10 May 2011 1:26 PM by fpegman Star rating in San Miguel De Salina.... 441 posts Send private message

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If you Google it it is on the first page



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Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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10 May 2011 1:56 PM by laflauta Star rating. 99 posts Send private message

Thanks for your replies, really appreciate it. Do you know of a form that is in both Spanish and English?





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11 May 2011 8:57 AM by fpegman Star rating in San Miguel De Salina.... 441 posts Send private message

fpegman´s avatar

PM me with your email and I will email you one



_______________________

Fred

Overseas Property Company

fred@overseaspropertycompany.com

Real Estate sales - rentals and Lloyds insurance agency.




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